Property Disputes Online in India

Overview

A property dispute is a legal conflict between two or more parties over the ownership, use, possession, or boundaries of a property. Property disputes can arise in various situations such as disputes between family members over ancestral property, disputes between buyers and sellers over title or agreement, disputes between landlords and tenants, encroachment by neighbours, or illegal possession by a third party.

Property disputes in India are governed by various laws depending on the nature of the dispute and the type of property involved. Key legislations include the Transfer of Property Act, 1882, the Specific Relief Act, 1963, the Registration Act, 1908, the Indian Succession Act, 1925, the Hindu Succession Act, 1956, and various state-specific land and tenancy laws.

Before filing a case in court, it is advisable to send a legal notice to the opposite party. A legal notice serves as a formal communication demanding resolution of the dispute and is often the first step in the legal process. If the matter is not resolved after the legal notice, a civil suit can be filed in the appropriate court.

Legaltax will help you identify the right legal remedy and connect you with an experienced property dispute lawyer who can handle your case efficiently.

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Types of Property Disputes in India

Property disputes can take many forms. Some of the most common types include:

• Title Disputes: A dispute over who holds the legal ownership or title of a property. These arise when two or more parties claim ownership of the same property based on different documents or transactions.
• Ancestral and Inheritance Disputes: Disputes among legal heirs over the division or inheritance of ancestral or self-acquired property after the death of a family member.
• Partition Disputes: When co-owners of a property, such as siblings or joint family members, cannot agree on how to divide the property, a partition suit can be filed in court.
• Landlord-Tenant Disputes: Conflicts between landlords and tenants over rent, eviction, maintenance, unauthorized use, or violation of lease terms.
• Boundary Disputes: Disputes between neighbours over the exact boundary or demarcation of their respective properties.
• Encroachment Disputes: When a person illegally occupies or builds on land belonging to another person or the government.
• Builder-Buyer Disputes: Disputes between real estate developers and homebuyers over delayed possession, construction defects, breach of agreement, or refund of advance payment.
• Benami Property Disputes: Disputes involving property held in the name of one person but owned or financed by another, which is governed by the Benami Transactions (Prohibition) Act, 1988.
• Easement Disputes: Disputes over the right to use another person's property for a specific purpose, such as a right of way or access to water.

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Legal Remedies Available for Property Disputes

Depending on the nature and facts of the property dispute, the following legal remedies are available in India:

• Civil Suit for Declaration of Title: A suit filed to get a court declaration confirming your legal ownership or title over a disputed property.
• Suit for Possession: A suit filed to recover physical possession of a property that has been illegally occupied or wrongfully withheld by another party.
• Suit for Partition: A suit filed by a co-owner or legal heir seeking division of jointly owned property into distinct shares.
• Suit for Injunction: A court order restraining a party from doing a specific act, such as constructing on disputed land or alienating a property during the pendency of a dispute.
• Suit for Specific Performance: A suit filed when one party fails to fulfil the terms of a property sale or purchase agreement, seeking the court's direction to complete the transaction.
• Eviction Proceedings: Legal proceedings initiated by a landlord to evict a tenant who has defaulted on rent, overstayed, or violated the terms of the tenancy agreement.
• Complaint under RERA: In case of a builder-buyer dispute, a complaint can be filed before the Real Estate Regulatory Authority (RERA) of the respective state for faster resolution.
• Criminal Complaint: In cases of fraud, forgery of property documents, or cheating, a criminal complaint can also be filed with the police or before a magistrate's court.

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Steps Involved in Filing a Property Dispute Case

1. Consultation with a Property Lawyer: The first step is to consult with an experienced property lawyer who will review your documents, understand the facts, and advise you on the appropriate legal remedy.
2. Sending a Legal Notice: Before approaching the court, a legal notice is sent to the opposite party demanding resolution of the dispute. This is a formal communication drafted by a lawyer on your behalf and gives the other party an opportunity to resolve the matter before litigation begins.
3. Document Verification: The lawyer will verify all property documents such as the sale deed, title deed, property tax receipts, mutation records, encumbrance certificate, and any other relevant documents to build a strong case.
4. Drafting the Plaint: If the dispute is not resolved after the legal notice, the lawyer will draft a plaint (civil complaint) clearly stating the facts, the legal grounds, and the reliefs sought by you.
5. Filing the Case in Court: The plaint is filed in the appropriate civil court based on territorial and pecuniary jurisdiction. The court will register the case and issue a summons to the opposite party.
6. Reply by Opposite Party: The defendant will file a written reply (written statement) responding to the allegations made in the plaint.
7. Evidence and Arguments: Both parties will present their evidence including documents, witness statements, and expert reports. After examination of evidence, lawyers from both sides will present their arguments before the court.
8. Court Decision: After hearing both parties, the court will deliver its judgment. Depending on the facts and evidence, the court may pass orders for possession, partition, injunction, compensation, or any other appropriate relief.

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Where to File a Property Dispute Case?

Territorial Jurisdiction

A property dispute case must be filed in the court having territorial jurisdiction over the location where the property is situated. This means the case must be filed in the civil court of the district or city where the disputed property is located, regardless of where the parties reside.

Pecuniary Jurisdiction

The pecuniary jurisdiction determines which level of court can hear the case based on the market value of the disputed property. For example, in Delhi:

• Cases involving properties valued up to Rs. 20,00,000/- are filed before the District Civil Court.
• Cases involving properties valued above Rs. 20,00,000/- are filed before the High Court.

Note: Pecuniary limits vary from state to state. Your lawyer will advise you on the correct court to approach based on your property's location and value.

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Required Documents for a Property Dispute Case

• Sale deed or title deed of the property
• Original purchase agreement or sale agreement
• Property tax payment receipts
• Mutation records or revenue records (Jamabandi/Khatauni)
• Encumbrance certificate
• Succession certificate or Will (in case of inheritance disputes)
• Rent agreement or lease deed (in case of landlord-tenant disputes)
• Builder-buyer agreement and possession letter (in case of builder disputes)
• All communications including letters, emails, or notices exchanged with the opposite party
• Photographs or site inspection reports (if applicable)
• Identity proof and address proof of the claimant
• Any other document relevant to the specific dispute

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Limitation Period

The time limit for filing a property dispute case varies depending on the type of suit:

• Suit for possession of immovable property based on title: 12 years from the date of dispossession.
• Suit for possession of immovable property by a plaintiff who has been dispossessed: 12 years.
• Suit for declaration of title without seeking possession: 3 years from the date when the right to sue accrues.
• Suit for specific performance of a property agreement: 3 years from the date fixed for performance or refusal.

Note: It is important to file your case within the limitation period. Delay may result in your suit being rejected by the court. Consult your lawyer at the earliest.

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How to Resolve a Property Dispute with Legaltax?

At Legaltax, we understand how important your property is to you and how stressful a property dispute can be. We make the legal process simple and hassle-free for you. Just follow our 3 easy steps:

1. Fill our simple form and receive a call back from our team of experienced property lawyers.
2. Provide us with all necessary details and documents related to your property dispute.
3. Our team of legal experts will assess your case, advise you on the best course of action, and handle the entire legal process on your behalf.

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Why Choose Legaltax?

• Free Legal Advice
• Expert and Verified Property Lawyers
• Lowest Fee
• Quick and Transparent Process
• Dedicated Case Manager
• 100% Confidentiality
• Pan-India Legal Network

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Payment Structure

1. You are required to pay 50% of the case fee to start the work.
2. 25% is payable after the case is admitted by the Civil Court.
3. Remaining 25% is to be paid before the final hearing of the case.

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FAQ's on Property Disputes in India

Q1. What is a property dispute?

A property dispute is a legal conflict between two or more parties over the ownership, possession, use, title, or boundaries of a property. Property disputes can arise between family members, neighbours, buyers and sellers, landlords and tenants, or between an individual and a government authority. These disputes are resolved through civil courts, revenue courts, or alternative dispute resolution mechanisms such as mediation and arbitration.

Q2. What are the most common causes of property disputes in India?

The most common causes of property disputes in India include unclear or forged title documents, disputes among family members over inheritance or ancestral property, encroachment by neighbours, breach of sale or purchase agreements, disputes between landlords and tenants over rent or eviction, illegal possession of property, disputes arising from benami transactions, and delays or defects in construction by real estate developers.

Q3. How can I resolve a property dispute without going to court?

Property disputes can be resolved without going to court through alternative dispute resolution (ADR) methods such as negotiation, mediation, or arbitration. In many cases, sending a well-drafted legal notice to the opposite party prompts them to resolve the dispute amicably. If both parties agree, they can also approach a Lok Adalat for a quick and cost-effective settlement. However, if the matter cannot be resolved out of court, filing a civil suit is the appropriate legal remedy.

Q4. What is the first step I should take if someone has illegally occupied my property?

If someone has illegally occupied your property, the first step is to consult a property lawyer immediately. The lawyer will advise you on the appropriate legal remedy, which could include sending a legal notice demanding vacation of the property, filing a suit for possession in the civil court, or in cases of criminal trespass, filing a police complaint or a criminal case before the magistrate's court. Acting quickly is important as delay may affect your legal rights.

Q5. What is a partition suit and when can it be filed?

A partition suit is a civil case filed by a co-owner or legal heir seeking the court's assistance in dividing jointly owned property into distinct and separate shares. It can be filed when co-owners or legal heirs are unable to agree on how to divide the property among themselves. The court will determine the share of each party based on the applicable law and order the partition of the property, either physically or by sale and distribution of proceeds.

Q6. Can I file a property dispute case if I do not have the original sale deed?

Yes, you can still file a property dispute case even if you do not have the original sale deed, provided you have other documentary evidence to support your claim. Such evidence can include certified copies of registered documents from the sub-registrar's office, property tax receipts, mutation records, utility bills in your name, or any correspondence establishing your connection to the property. Your lawyer will assess the available documents and advise on the strength of your case.

Q7. What is the role of a legal notice in a property dispute?

A legal notice is a formal written communication sent by one party to another through a lawyer, informing them of their legal rights and demanding a specific action or resolution within a given time period. In property disputes, a legal notice serves as a final warning to the opposite party before legal proceedings are initiated. It puts the other party on notice of your intention to take legal action and often prompts an out-of-court settlement, saving time and litigation costs.

Q8. What is RERA and how does it help in builder-buyer property disputes?

RERA stands for the Real Estate Regulatory Authority, established under the Real Estate (Regulation and Development) Act, 2016. RERA provides a fast and efficient forum for homebuyers to file complaints against builders and developers for issues such as delayed possession, construction defects, false advertisements, or violation of the terms of the sale agreement. Each state has its own RERA authority. A complaint filed under RERA is resolved much faster than traditional civil court proceedings and the authority can direct the builder to refund money, pay compensation, or complete the project within a specified time.

Q9. How long does it take to resolve a property dispute in court?

The time taken to resolve a property dispute in court depends on various factors such as the complexity of the case, the availability of evidence, the cooperation of the parties, and the workload of the court. Simple property disputes may be resolved within one to two years, while complex cases involving multiple parties, extensive evidence, or appeals to higher courts can take several years. This is why it is advisable to explore out-of-court settlement options wherever possible and to engage an experienced lawyer who can handle the matter efficiently.

Q10. What are the rights of a legal heir in a property dispute?

A legal heir has the right to claim their share in the deceased person's property based on the applicable personal law or the terms of a Will. Under the Hindu Succession Act, 1956, Class I heirs such as the spouse, children, and mother of the deceased have the first right over the property. In the absence of a Will, the property is distributed among legal heirs as per the rules of intestate succession under the relevant law. A legal heir can file a suit for partition, seek a succession certificate, or challenge a fraudulent Will if they believe their rightful share is being denied.

Q11. Can a tenant be evicted without a court order in India?

No, a tenant cannot be forcibly evicted without following the proper legal process. In India, landlords must follow the eviction procedure prescribed under the applicable rent control or tenancy laws of the state. This typically involves serving a valid notice of termination of tenancy to the tenant and, if the tenant refuses to vacate, filing an eviction petition before the appropriate court or rent controller. Forcible eviction without a court order is illegal and the landlord can face criminal liability for the same.

Q12. What is an encumbrance certificate and why is it important in property disputes?

An encumbrance certificate is an official document issued by the sub-registrar's office that records all registered transactions related to a property, such as sale deeds, mortgages, or legal charges, over a specified period. It is an important document in property disputes as it helps establish the chain of ownership and reveals whether the property has any outstanding loans, mortgages, or legal claims against it. Before purchasing a property or filing a dispute, obtaining an encumbrance certificate is strongly recommended to verify the property's legal status.

Q13. What is benami property and what are the legal consequences of a benami transaction?

A benami transaction is one where a property is purchased by one person but held in the name of another person, without the knowledge or consent of the actual owner. Such transactions are prohibited under the Benami Transactions (Prohibition) Amendment Act, 2016. Properties involved in benami transactions can be confiscated by the government. Persons found guilty of entering into benami transactions can face imprisonment of up to seven years and a fine. If you suspect that your property has been fraudulently registered in someone else's name through a benami arrangement, you should immediately seek legal advice.

Q14. How can Legaltax help me in resolving my property dispute?

Legaltax has a team of experienced and verified property lawyers across India who specialize in all types of property disputes. We provide free initial legal advice, help you understand your legal rights, assist in gathering and verifying documents, draft legal notices and court petitions, and represent you before the appropriate court or authority. Our process is simple, transparent, and affordable. With a dedicated case manager assigned to your matter, you will always be kept informed about the progress of your case.